Why Should Accidents in the Workplace Be Reported?

There are many good reasons why workplace accidents should be reported. As well as benefiting the employer because they could make procedural changes to prevent similar incidents in the future, reporting an accident can benefit the employee if they decide to claim compensation for any injuries they’ve sustained. In this guide, we’ll answer the question, “Why should accidents in the workplace be reported?”. You’ll also read about the types of accidents that should be reported and when accidents caused by employer negligence could allow you to seek compensation for your suffering.

If you’ve any questions about reporting workplace accidents or claiming compensation for your injuries, we can help. Our advisors are specially trained to provide free advice on accident-at-work claims. During a free initial consultation, your advisor will consider the facts of your case and provide an opinion on the options available to you. If they believe that your claim is feasible, you’ll be connected with one of our No Win, No Fee solicitors. Crucially, if your case proceeds, you’ll only pay for their work if you are awarded a compensation payout.

To find out more about claiming for accidents in the workplace you can:

• Call our legal advisors on 0333 241 2519.
• Use our 24/7 live chat service.

Read on for more about why workplace accidents need to be reported or get in touch with any questions.

Why Should You Report an Accident at Work?

You may need to report an accident at work for the following reasons:

• If it is a legal requirement: For instance, some accidents need to be reported to the Health and Safety Executive (HSE) in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
• To meet your contractual obligations: Your employment contract may specify that you have to report workplace accidents. Failure to do so could result in disciplinary action being taken against you.
• To protect your rights: Some workplace accidents should be reported in case you decide to make a personal injury claim against your employer. If the incident is reported, you could use correspondence and accident reports to try and prove your case.
• To prevent further accidents: If you don’t tell your employer about your accident, they won’t be able to take preventive measures to try and prevent similar incidents and injuries in the future.

As you can see, it is important to report accidents in the workplace for many reasons. If you’re in any doubt about what to do, the simplest option is to tell your employer about what happened and comply with any investigations they decide to conduct.

How To Report Workplace Accidents

If you are involved in an accident at work, you may need to take all or some of the following steps:

• Report the incident to your supervisor, manager or nominated health and safety representative. Ideally, verbal reports should be followed up with an email.
• Seek medical attention for any injuries. While companies are obliged to have trained staff who can deal with minor injuries because of the Health and Safety (First-Aid) Regulations 1981, you may also consider visiting your GP or a hospital for treatment.
• Log the accident in the company’s accident book or on an IT system used to record workplace injuries. You are entitled to ask for a copy of any report regarding an accident you were involved in.
• Write down what happened as an accident report might not capture all of the relevant information if you decide to make an accident at work compensation claim.

If you’ve reported an accident in the workplace and would like advice on how to claim for your injuries, please call our legal advisors now.

What Types of Workplace Accidents Should Be Reported?

In essence, you should report all workplace accidents to your employer including:

• Falls from height.
• Slips, trips and falls.
• Vehicle accidents.
• Accidents caused by machinery and equipment.
• Workplace assaults.
• Exposure to chemicals and hazardous substances.
• Being hit by falling objects.
• Industrial diseases.

Under RIDDOR regulations, your employer is legally obliged to report certain injuries to the HSE including:

• Fractured bones.
• Crush injuries to the head or torso.
• Amputation of any digit or limb.
• Serious scalds and burns.
• Head injuries that result in loss of consciousness.

While it is your employer’s responsibility to report to the RIDDOR injuries, you should be ready to answer any questions raised during an HSE investigation.

Can I Claim Compensation for a Workplace Accident?

In some cases, workplace accidents could entitle you to compensation from your employer. As such, after reporting an accident in the workplace, you may be eligible to claim compensation if:

• At the time of your accident, your employer (legally) owed you a duty of care.
• You were involved in an accident because that duty was not upheld i.e. your employer was negligent; and
• That negligence caused you to sustain an injury or be made ill.

Various laws including the Health and Safety at Work etc. Act 1974 can be used to establish a duty of care in many workplace injury claims. This will be confirmed by your solicitor if you decide to proceed with a claim.

Can an Accident Report Be Used as Evidence in a Compensation Claim?

One of the reasons why accidents in the workplace should be reported is so that there is a record that the incident took place. Having an accident report form or correspondence from your employer regarding the accident will make it much harder for them to deny that the incident occurred if you decide to claim for a personal injury at work.

Other forms of evidence that could help to strengthen your claim include:

• Medical records from the hospital or GP surgery that treated you.
• Details of any potential witnesses to the accident.
• Footage from mobile phones, CCTV cameras or dashcams that recorded the accident.
• Your personal statement about what happened.
• Photographs of your visible injuries.
• Accident scene pictures to try and prove the cause of the incident.

If you’d like us to check if there is enough evidence available to prove your case, please speak with a member of our team to arrange a free initial consultation.

How Long Do You Have To Claim Compensation?

The Limitation Act 1980 allows 3 years for a personal injury claim to be started. The time limit for most workplace accident claims normally begins on the date you were injured. However, if your condition was not immediately diagnosed or linked to your accident, the 3-year period could start from your date of knowledge.

Crucially, if your claim is started too late, your employer could reject it and you could miss out on any compensation due. As such, you should report your workplace accident as soon as possible and speak with our legal advisors at your earliest opportunity for free advice about your options.

How Much Compensation Do You Get for a Workplace Accident?

Compensation amounts in successful workplace injury claims are based on:

• How you’ve suffered physically and psychologically because of your injuries (general damages). This also covers the impact your injuries have on your normal activities and hobbies.
• Any financial impact your injuries cause (special damages). This may include any associated costs, expenses or losses.

Crucially, both forms of compensation can cover current and future suffering so it is important to consider the full impact of your injuries before your claim is filed.

General damages calculations are often based on injuries listed in your medical records and independent medical reports. These injuries can be compared to those listed in the Judicial College Guidelines (JCG).

The special damages element of your claim could include compensation for:

• The cost of a carer or home support where needed.
• Treatment and rehabilitation costs.
• The cost of home adaptations for those who’ve been left disabled following a workplace accident.
• Travel expenses.
• Loss of earnings.
• Future income losses for longer-term injuries.
• Personal property replacement costs.

Receipts, pay slips and bank statements are a good way to prove any costs you wish to claim back so it is worth forwarding copies to your solicitor during the claims process.

Do All Workers Have To Report Workplace Accidents?

Earlier, we described why accidents in the workplace should be reported. Those same reasons generally apply to all workers regardless of their employment type.

For instance, the self-employed, zero-hours workers, contractors, consultants and part-time staff may find it much easier to start an accident at work claim if they’ve reported their accident to their employer.

Should I Use a Solicitor To Claim Workplace Accident Compensation?

Even after you’ve reported an accident, claiming workplace accident compensation from your employer can be a daunting process. It could be even harder if your employer’s insurers decide to contest the case.

As such, you might decide that it is best to instruct a solicitor who specialises in workplace accident claims before filing your paperwork.

Some of the ways our solicitors can help when working on workplace injury claims include:

• Finding the evidence needed to prove the case.
• Ensuring that the claim is filed in the correct way and on time.
• Shielding you from direct questioning by your employer’s insurers.
• Fighting to try and any settlement offer is fair and covers all of your suffering.
• Keeping you up to date about how your case is progressing.

Additionally, it’s worth noting that all accepted claims are managed on a No Win, No Fee basis.

This means that you’ll be asked to sign a Conditional Fee Agreement (CFA) at the start of your case. The CFA means you will only pay for your solicitor’s time, effort and work if you are compensated.

A success fee will be deducted from any settlement awarded. The percentage you’ll pay is listed in the CFA so it’s clear from the start of the claims process and, for your protection, is legally capped at 25 per cent.

Why not contact us now to see if you could work with one of our No Win, No Fee accident-at-work solicitors?

How Long Does It Take for Accident Claims To Be Processed?

The length of any accident at work claim will vary depending on the severity of your injuries, your recovery time and whether or not your employer admits liability for the accident quickly.

For instance, a broken arm at work claim could be settled in a matter of 4 to 6 months if your employer accepts responsibility for the incident and you’ve made a quick recovery.

Conversely, a fall from height claim could take years to settle if you’ve sustained catastrophic injuries. However, so long as liability has been agreed upon, you could be entitled to interim payments to support you before the claim is fully settled.

Contacting Us About an Accident in the Workplace

This guide has shown why workplace accidents should be reported. However, if you’ve been injured at work and believe you are entitled to claim compensation, please:

• Call 0333 241 2519 to discuss your options with a legal advisor; or
• Connect to our free online chat service (open 24 hours a day).

When you get in touch, we’ll assess the merits of your case with you as part of a free initial consultation. If you decide to take action after the assessment and one of our solicitors offers to help you, they’ll represent you on a No Win, No Fee basis.